P. v. Martinez
Juan Villasenor Martinez and David Escobedo Acero (together Defendants) pleaded guilty to four drug-related offenses and admitted various sentencing enhancements. They challenge their respective sentences, claiming the trial court abused its discretion and violated their right to due process by relying on an untimely filed and unverified supplemental statement in aggravation at sentencing. In his petition for habeas corpus Martinez contends that he did not waive his right to appeal the introduction of the supplemental statement in aggravation. Court affirm the judgments. In doing so we reject the Attorney General's waiver argument and reach the merits of Martinez's arguments on appeal; accordingly, Court dismiss Martinez's habeas corpus petition as moot.
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